Battle v. Mutual Life Ins. Co.

BLATCHFORD, District Judge.

It is a well settled rule, in a suit in equity, that the plaintiff can recover only upon the case made by his bill, and not upon that made in the evidence. It is equally well established, that, if an admission is made in the answer, it will be of no use to the plaintiff unless it is put in issue by some charge in the bill. Hence, the plaintiff is frequently obliged to ask leave to amend his bill, although a clear case for relief is apparent upon the face of-the pleadings. Thus, where a bill against an executor prays an account of the personal estate of the testator,…